Alexander Law Group wins Cancer Lawsuit Against IBM – Video Transcript
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[Dennis Richmond, The Ten O’clock News] Here in the Bay Area the trial and a lawsuit against computer giant IBM is just about to come to an end. It’s the first in a nationwide series of suits in which workers accused a company of making them seriously ill. Robert Handa has that reports. [Robert Handa] In a Santa Clara courtroom today closing arguments concluded in the first trial out of more than 200 similar lawsuits filed against IBM. Former IBM workers Jim Moore and Alida Hernandez say they developed cancer from exposure to toxic chemicals in IBM San Jose facility in the late 70s to early 90s. They claimed IBM knew they were getting ill from the chemicals, but hid the information. When the trial started, Hernandez told us she developed cancer shortly after she retired. [Alida Hernandez] I got breast cancer. I had a mastectomy. [Robert Handa] And you believe that’s from chemical exposure. [Alida Hernandez] Yes. [Richard Alexander] And it didn’t happen just once, it happened repeatedly. Why? Because that’s policy at IBM. [Robert Handa] The plaintiff’s attorneys claimed Hernandez and more suffered from what they called systematic chemical poisoning. They called IBM’s medical staff, corporate doctors and nurses out to protect profits. [Richard Alexander] That’s a lousy way to run an operation, it’s just wrong… not to tell the truth in those medical records. Cause all they had to do is tell the truth. And that’s the fraud. [Robert Handa] But IBM’s attorney Bob Weber called systematic chemical poisoning a term made up for litigation. He said there are a few recorded complaints from Hernandez and more because their history of problems was created in retrospect. [Bob Weber] The evidence does not justify an award of damages in any respect to either plaintiff. [Robert Handa] Weber also said he is offended by the allegations of a cover-up by IBM’s medical staff. [Bob Weber] They’ve been charged with fraud carrying out their professional duties, charged with fraud by experts using hindsight and without reference to what happened in real time. [Robert Handa] Even though Judge Robert Banes has already ruled against any punitive damages, legal analysts say the outcome could still affect the other pending cases. The jury will begin deliberations tomorrow morning. In Santa Clara, Robert Handa, KTVU Channel 2 News.